Dental professionals in Scotland get legal protection when apologising

According to The Dental Defence Union (DDU), this makes it clear that an apology (outside of legal proceedings) is not an admission of liability.

In the new act, an apology is defined as, “…any statement made by or on behalf of a person which indicates that the person is sorry about, or regrets, an act, omission or outcome and includes any part of the statement which contains an undertaking to look at the circumstances giving rise to the act, omission or outcome with a view to preventing a recurrence.”

Angela Harkins, a dento-legal adviser at the DDU, said, “Saying sorry to a patient when something has gone wrong is the right thing to do and is an ethical duty for dental professionals. The Apologies (Scotland) Act provides further reassurance to dental professionals that apologising is not an admission of legal liability. In the DDU’s experience, a sincere and frank apology and explanation can help restore a patient’s confidence following an error and help to rebuild trust. This is important for a patient’s future healthcare and can help to avoid a complaint or litigation.”